§ 656.23 - Applications for labor certifications for Schedule B occupations; requests for waivers from Schedule B.

(a) Occupations listed on Schedule B require little or no education or experience, and employees can be trained quickly to perform them satisfactorily. In addition, many of these occupations are entry jobs in their industries which offer opportunities for high school graduates and other U.S. workers who otherwise would have difficulty finding their first employment and gaining work experience. The Director has determined that there is generally a nationwide surplus of U.S. workers who are available for and who can qualify for Schedule B job opportunities which offer prevailing wages and working conditions.

(b) Some of the occupations on Schedule B are also often characterized by relatively low wages, long and irregular working hours, and poor working conditions which lead to excessive turnover. In most instances, the Director has determined through past experience that the employment of aliens has failed to resolve such employment problems since the aliens, like U.S. workers, often quickly move to other jobs. This results in an adverse effect upon the wages and working conditions of U.S. workers who are employed in occupations which require similar education and experience.

(c) Therefore, the Director has determined that for occupations listed on Schedule B U.S. workers are generally available throughout the United States, and that the employment of aliens in Schedule B occupations will generally adversely affect the wages and working conditions of U.S. workers similarly employed.

(d) An individual employer or the employer's attorney or agent may petition the regional Certifying Officer for the geographic area in which the job opportunity is located for a Schedule B waiver on behalf of an alien with respect to a specific job opportunity. The petition shall be submitted to the local office serving the geographic area of intended employment. The petition shall include a written request for a Schedule B waiver, a completed Application for Alien Employment Certification form, and the following:

(1) The documentation required by §§ 656.20(b), (c), (e), (f), and (g) and 656.21; and

(2) Documentary verification, which the employer has obtained from the local job service office which contains the job opportunity in its administrative area, that the employer has had a job order for the same job on file with the same local office for a period of 30 calendar days and that the local office and the employer, using the job order, were not able to obtain a qualified U.S. worker.

(e) The regional Certifying Officer, using the procedures and standards set forth in § 656.24, shall either grant or deny the waiver and shall inform the employer of the determination in writing.

(f) If the waiver is granted, the regional Certifying Officer shall issue a labor certification.

(g) If the waiver is denied, the regional Certifying Officer shall follow the procedures set forth at paragraphs (c) through (g) of § 656.25.

(Approved by the Office of Management and Budget under control number 1205-0015)